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(영문) 서울중앙지방법원 2016.11.23 2016가단5149506
구상금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 63,365,865 as well as its annual period from November 2, 2015 to May 25, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer, and the Plaintiff is B Co., Ltd. (hereinafter “B”).

(B) 6 Dong-gu Daegu Building C(hereinafter referred to as “the instant building”) owned by B is referred to as “six buildings.”

2) As to the Plaintiff’s insurance contract, the Plaintiff entered into a fire insurance contract (hereinafter “Plaintiff’s insurance contract”).

2) The Defendant Company A (hereinafter “Defendant Company”) leased the instant building from B and used it as the Daegu Logistics Center of the Defendant Company.

3) Defendant East Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant insurer”)

A) The Defendant Company concluded a fire insurance contract with regard to the instant building (excluding 321.76m2, 321.76m2, e.g., store No. 3) and household fixtures, inventory assets, etc. leased by the Defendant Company (hereinafter “Defendant’s insurance contract”).

B. (B) Fire occurrence and Plaintiff’s insurance money payment 1) Employees E of Defendant Company took place around 12:09 on January 30, 2015, without arranging any remaining flusium in the 100 Lrums, and a fire was caused by being flusing into the waste stuff accumulated in the nearby wife with the flusty.

(2) The three of the instant buildings were damaged due to the instant fire. The details of the damage are as follows. 3) Of the instant buildings, B, the lessor, and the Defendant Company, the lessee, concluded a fire insurance contract for the same object.

The plaintiff and the defendant insurer 2

4. On November 2, 2015, the Plaintiff paid KRW 63,365,865 as insurance proceeds to B, and the Defendant insurer also paid KRW 2.67,749,845, and KRW 81,204,812, in total, KRW 4.13,45,967.

[Ground of recognition] The descriptions of Gap evidence 1 to 7, Eul 1, Eul 1 to 6, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff is insured due to the instant fire unless there are special circumstances.

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